Human+Rights+in+Canada

=  Canadian Human Rights   = [|Prohibited grounds of discrimination] Race, national or ethnic origin, colour, religion, age, sex, (Including child birth and pregnancy) sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted.

Discriminatory Practices
To deny goods, services, facilities, accommodation or to differentiate adversely in relation to the above. To deny residential accommodation or business premises on the above grounds. To refuse to employ or treat adversely an employee on the above grounds. To advertise for employees that expressly or by implication discriminates on the above grounds, except if the perosn has reached normal retirement age. Males and females must be paid equal wages for equal work. If separate premises are maintained in order to practice this discrimination they will be deemed to be the same premises. Different ewages may be paid if there is a reasonable factor that justifies it. Sex is not a reasonable factor. It is disciminatory to publish or display a notice, sign or symbol, or incite others to discriminate. [|Hate messages] [|**13.**] (1) It is a discriminatory practice for a person or a group of persons acting in concert to communicate telephonically or to cause to be so communicated, repeatedly, in whole or in part by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that that person or those persons are identifiable on the basis of a prohibited ground of discrimination. [|Exceptions] It is not a discriminatory practice if employment discrimination is based on a bona fide occupational requirement. Nor if an employee has special conditions due to pregnancy or child car issues. Nor if it is a special program to help a class of people who might otherwise suffer discrimination. [|Definitions] [|**25.**] In this Act,

[|“conviction for which a pardon has been granted”] This means a conviction of an individual for an offence in respect of which a pardon has been granted by any authority under law and, if granted or issued under the //Criminal Records Act//, has not been revoked or ceased to have effect; 

[|“disability”] This means any previous or existing mental or physical disability and includes disfigurement and previous or existing dependence on alcohol or a drug;  CANADIAN HUMAN RIGHTS COMMISSION  [|**26.**] (1) A commission is hereby established to be known as the Canadian Human Rights Commission, consisting of a Chief Commissioner, a Deputy Chief Commissioner and not less than three or more than six other members, to be appointed by the Governor in Council. [|Term of appointment] Not more that three years.  [|Powers, duties and functions] Develop and conduct information programs to foster public understanding of this Act  **Canada and Human Rights ** The Universal Declaration of Human Rights has provided a framework of human rights, goals and standards to which Canadian legislation, institutions, and society aspire. Since signing the Universal Declaration of Human Rights in 1948, the Canadian government has made universal human rights a part of Canadian law. There are currently four key mechanisms in Canada to protect human rights: the [|//Canadian Charter of Rights and Freedoms//] , the // Canadian Human Rights Act, Human Rights Commissions ,// and  [|//provincial human rights laws and legislation//.]  In 1982, the Federal Government modified Canada’s Constitution to reflect the human rights goals and standards set by the Universal Declaration of Human Rights. The Government enacted a statute known as the Canadian Charter of Rights and Freedoms. What is the purpose of the Charter? The Charter is a binding legal document that protects the basic human rights of Canadians. It provides a list of the rights to which Canadians are entitled and describes the Government’s responsibility in upholding those rights. The Charter is often cited in legal cases pertaining to human rights issues, and guarantees that laws and the justice system operate in accordance with fundamental rights and freedoms. What does the Charter guarantee? The Charter guarantees our fundamental freedoms (such as freedom of thought, speech, and association), democratic rights (such as the right to vote), mobility rights (the right to enter, remain in, and leave Canada), legal rights, equality rights (equality before the law and protection against discrimination), language rights, as well as the rights of Canada’s aboriginal peoples. How does the Charter protect me against discrimination? The Charter prohibits discrimination on the grounds of race; national or ethnic origin; colour; religion; gender; age; and mental or physical disability. Sexual orientation has recently been recognized as a prohibited ground for discrimination under the Charter. The Charter protects from discrimination in actions taken by the Government of Canada, the government of any province or territory, and actions taken by government agencies, such as hospitals or schools. The Charter provides a legal mechanism in the Constitution that protects us from the violation of our basic human rights, thereby ensuring a free and democratic society. It works in conjunction with other bodies of law, such as the Canadian Human Rights Act, and is the foundation of human rights in Canada. Human Rights Legislation The most important federal human rights legislation is the Canadian Human Rights Act, which came into force in 1978. It outlaws discrimination in employment and in the delivery of goods and services on eleven grounds: **// race, national or ethnic origin, colour, religion, age, sex, marital status, family status, pardoned conviction, disability, and sexual orientation. //** The Canadian Human Rights Act applies to people working for either the Federal Government or a private company regulated by the Federal Government. It also applies to anyone who receives goods and services from any of those sectors. Each province has its own human rights law, usually called a Code or Act, that covers other types of organizations not included under federal legislation. Schools, retail stores, restaurants, and most factories are covered by provincial human rights laws, as are provincial governments themselves.  __ The Universal Declaration of Human Rights does not include a description of practical steps governments can take to ensure that human rights are protected. It provides guiding principles, but lacks instructions on how each country should implement them. Even if human rights are protected in theory by a constitution, they could still be violated in practice. This is a dangerous gap that many countries have not adequately addressed. __ Canada has attempted to bridge this gap by creating human rights commissions at the federal and provincial levels. Human rights commissions investigate complaints regarding human rights violations, provide legal channels to hear the complaints, and attempt to find solutions to human rights problems. They work to educate about human rights and promote equality of opportunity. If you have experienced sexual harassment or discrimination, for example, you have the right to contact your provincial human rights commission and file a complaint. If you have a disability and a bank or post office is not accessible, you can file a complaint with the federal human rights commission. In many countries people have no way to have their human rights complaints heard or resolved, nor do they have adequate laws to protect their human rights. With the [|Canadian Charter of Human Rights] , the Canadian Human Rights Act, and human rights commissions at the federal and provincial levels we can feel confident that the principles outlined in the <span style="color: maroon; font-family: 'FrankfurtGothicHeavy','serif';">[|Universal Declaration of Human Rights] <span style="color: maroon; font-family: 'FrankfurtGothicHeavy','serif';"> are incorporated into Canadian law. In 2005, [|Canada]  became the fourth country in the world to legalize same-sex marriage nationwide with the enactment of the  [|Civil Marriage Act]. Canada has some human rights abuses that have attracted condemnation from international bodies, such as the [|United Nations]. For example, some provinces still allow the use of religiously segregated schools. The treatment of Canada's [|First Nations]  people or  [|Aboriginal Canadians]  and the  [|disabled]  also attracts criticism.

ONTARIO’S HUMAN RIGHTS CODE <span style="color: #9d080d; font-family: 'Arial','sans-serif'; font-size: 12.5pt;">
<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">The Ontario //<span style="font-family: 'Arial','sans-serif';">Human Rights Code // (the “**//<span style="font-family: 'Arial','sans-serif';">Code //**”) provides for equal rights and opportunities, and freedom from discrimination. The //<span style="font-family: 'Arial','sans-serif';">Code // recognizes the dignity and worth of every person in Ontario and applies to the areas of employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">People who are discriminated against or harassed because of gender identity are legally protected under the ground of ‘sex’. This includes transsexual, transgender and intersex persons, cross-dressers, and other people whose gender identity or expression is, or is seen to be, different from their birth-identified sex.

DEFINING GENDER IDENTITY <span style="color: #9d080d; font-family: 'Arial','sans-serif'; font-size: 12.5pt;">
<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Gender identity is linked to a person’s sense of self, and particularly the sense of being male or female. A person’s gender identity is different from their sexual orientation, which is also protected under the //<span style="font-family: 'Arial','sans-serif';">Code //. People’s gender identity may be different from their birth-assigned sex, and may include:
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Transgender //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: People whose life experience includes existing in more than one gender. This may include people who identify as transsexual, and people who describe themselves as being on a gender spectrum or as living outside the gender categories of “man” or “woman.
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Transsexual //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: People who were identified at birth as one sex, but who identify themselves differently. They may seek or undergo one or more medical treatments to align their bodies with their internally felt identity, such as hormone therapy, sex-reassignment surgery or other procedures.
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Intersex //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: People who are not easily classified as “male” or “female,” based on their physical characteristics at birth or after puberty. This word replaces the inappropriate term “hermaphrodite.”
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Crossdresser //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: A person who, for emotional and psychological well-being, dresses in clothing usually associated with the “opposite” sex.

DISCRIMINATION AND HARASSMENT <span style="color: #9d080d; font-family: 'Arial','sans-serif'; font-size: 12.5pt;">
<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Discrimination because of gender identity is any action based on a person’s sex or gender, intentional or not, that imposes burdens on a person or group and not on others, or that withholds or limits access to benefits available to other members of society. This can be overt or subtle, and includes systemic discrimination, such as when there is a non-inclusive rule or policy. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Harassment is a form of discrimination. It includes comments, jokes, name-calling, or behaviour or display of pictures that insults or offends you or puts you down because of your gender identity. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">No person should be treated differently while at work, at school, trying to rent an apartment, eating a meal in a restaurant, or at any other time, because of their gender identity. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Organizations cannot discriminate, must deal with harassment complaints, and must provide a non-discriminatory environment for trans people. This responsibility extends to “third parties,” such as people doing contract work or who regularly come into contact with the organization. Individuals should be recognized as the gender they live in, and be given access to washrooms and change facilities on this basis, unless they specifically ask for other accommodation (eg safety or privacy reasons).
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Example //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: A transsexual person answers an ad for an apartment. The superintendent says there are no units available, even through there are.
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Example //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: An employee tells his manager that he cross-dresses. His manager says he will no longer qualify for promotions or job training because customers and co-workers will be “uncomfortable” with him.
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Example //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: A transsexual woman is not allowed to use the women’s washroom at her place of work. Her manager defends this by explaining that other staff have expressed discomfort. This workplace needs a policy that clearly states the transsexual employee has the right to use this washroom, while providing education to resolve staff concerns and to prevent future harassment and discrimination.

THE DUTY TO ACCOMMODATE <span style="color: #9d080d; font-family: 'Arial','sans-serif'; font-size: 12.5pt;">
<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">The “duty to accommodate” is the legal obligation that employers, unions, landlords and service providers have under the //<span style="font-family: 'Arial','sans-serif';">Code //. The goal of accommodation is to allow people to equally benefit from and take part in services, housing or the workplace. It is a shared responsibility and everyone involved, including the person asking for accommodation, should cooperate in the process, share information, and jointly explore accommodation solutions.
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Example //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: A transgendered man raises safety concerns due to threats in the men’s locker room at his gym. The gym management sanctions the harassers and explores possible solutions with the client, such as a single-occupancy shower and change room, or a showering and changing stall in the men’s locker room. They provide him with access to the staff facilities in the interim.
 * //<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">Example //**<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 9.5pt;">: A transsexual woman is strip-searched by male police, even though she has repeatedly asked to have female officers conduct this type of search. The police service says that a male officer must be involved in the search because the complainant has not had sex reassignment surgery. The Human Rights Tribunal of Ontario has made an order that a transsexual detainee who is going to be strip-searched must be given three options: the use of male officers only; the use of female officers only; or a split search involving both.